Common use of Indemnification of Legal Fees Clause in Contracts

Indemnification of Legal Fees. 22.01 The BOARD shall pay all necessary and reasonable legal costs, to a maximum of twice (2x) the current Ontario Legal Aid level three (3) fee, incurred by a member who is charged with and finally acquitted of a criminal or statutory offence as a consequence of their attempted performance in good faith of their duties as a police officer whether or not they were on a tour of duty at the time. 22.02 The BOARD shall pay all damages and costs awarded against a member where: (a) a civil action or proceeding is brought against the member as a result of acts done by them in the attempted performance in good faith of their duties as a police officer, whether or not they were on a tour of duty at the time, and (b) the BOARD is not joined as a party in the action or proceeding pursuant to Section 50(1) of the Police Services Act, and the BOARD does not defend the action behalf of themselves and the member as joint tort-feasors at the BOARD’s sole expense, or (c) the BOARD is joined as a party in such action or the proceeding but the solicitor retained on behalf of the BOARD is of the view that it would be improper for the solicitor to act for both the BOARD and the member, and (d) the member’s actions do not constitute a gross dereliction of duty or a deliberate abuse of their powers as a police officer. 22.03 The BOARD shall pay any sum required to be paid by a member in connection with the settlement of any claim made against the member in an action or proceeding referred to in Article 22.02, provided the settlement is approved by the BOARD before it is made. 22.04 Where, in an inquiry under the Coroner’s Act, it is evident that a member’s conduct is called into question because of acts done by the member in the attempted performance in good faith of their duties as a police officer, the BOARD shall pay for the necessary and reasonable legal costs, to a maximum of twice (2x) the current Ontario Legal Aid level three (3) fee, incurred in representing the members interests in any such inquiry, providing: (a) the BOARD does not retain legal counsel to represent itself, or (b) the BOARD retains legal counsel to represent itself, and, (c) the BOARD’s legal counsel deems it inappropriate to act on behalf of both the BOARD and the member.

Indemnification of Legal Fees. 22.01 16.01 The BOARD shall pay all necessary and reasonable legal costs, to a maximum of twice (2x2X) the current Ontario Legal Aid level three (3) Level Three fee, incurred by a member who is charged with and finally acquitted of a criminal or statutory offence as a consequence of their his attempted performance in good faith of their his duties as a police officer whether or not they were he was on a tour of duty at the time. 22.02 16.02 The BOARD shall pay all damages and costs awarded against a member where: (a) a civil action or proceeding is brought against the member as a result of acts done by them him/her in the attempted performance in good faith of their his/her duties as a police officer, whether or not they were he/she was on a tour of duty at the time, and (b) the BOARD Chief is not joined as a party in the action or proceeding pursuant to Section 50(124(1) of the Police Services Act, and the BOARD Chief does not defend the action on behalf of themselves himself and the member as joint tort-feasors at the BOARD’s sole expense, or (c) the BOARD Chief is joined as a party in such action or the proceeding but the solicitor retained on behalf of the BOARD Chief is of the view that it would be improper for the solicitor him to act for both the BOARD Chief and the member, and (d) the member’s actions do not constitute a gross dereliction of duty or a deliberate abuse of their his powers as a police officer. 22.03 16.03 The BOARD shall pay any sum required to be paid by a member in connection with the settlement of any claim made against the member him/her in an action or proceeding referred to in Article 22.0216.02, provided the settlement is approved by the BOARD before it is made. 22.04 16.04 Where, in an inquiry under the Coroner’s Act, it is evident that a member’s conduct is called into question because of acts done by the member him/her in the attempted performance in good faith of their his/her duties as a police officer, the BOARD shall pay for the necessary and reasonable legal costs, to a maximum of twice (2x2X) the current Ontario Legal Aid level three (3) Level Three fee, incurred in representing the members his/her interests in any such inquiry, providing: (a) the BOARD does not retain legal counsel to represent itself, or (b) the BOARD retains legal counsel to represent itself, and, (c) the BOARD’s legal counsel deems it inappropriate for him/her to act on behalf of both the BOARD municipality and the member.

Indemnification of Legal Fees. 22.01 21.01 The BOARD shall pay all necessary and reasonable legal costs, to a maximum of twice (2x) the current Ontario Legal Aid level three (3) fee, incurred by a member who is charged with and finally acquitted of a criminal or statutory offence as a consequence of their attempted performance in good faith of their duties as a police officer civilian whether or not they were on a tour of duty at the time. 22.02 21.02 The BOARD shall pay all damages and costs awarded against a member where: (a) a civil action or proceeding is brought against the member as a result of acts done by them in the attempted performance in good faith of their duties as a police officercivilian, whether or not they were on a tour of duty at the time, and (b) the BOARD is not joined as a party in the action or proceeding pursuant to Section 50(1) of the Police Services Act, and the BOARD does not defend the action behalf of themselves and the member as joint tort-feasors at the BOARD’s sole expense, or (c) the BOARD is joined as a party in such action or the proceeding but the solicitor retained on behalf of the BOARD is of the view that it would be improper for the solicitor to act for both the BOARD and the member, and (d) the member’s actions do not constitute a gross dereliction of duty or a deliberate abuse of their powers as a police officercivilian. 22.03 21.03 The BOARD shall pay any sum required to be paid by a member in connection with the settlement of any claim made against the member in an action or proceeding referred to in Article 22.0221.02, provided the settlement is approved by the BOARD before it is made. 22.04 21.04 Where, in an inquiry under the Coroner’s Act, it is evident that a member’s conduct is called into question because of acts done by the member in the attempted performance in good faith of their duties as a police officercivilian, the BOARD shall pay for the necessary and reasonable legal costs, to a maximum of twice (2x) the current Ontario Legal Aid level three (3) fee, incurred in representing the members interests in any such inquiry, providing: (a) the BOARD does not retain legal counsel to represent itself, or (b) the BOARD retains legal counsel to represent itself, and, (c) the BOARD’s legal counsel deems it inappropriate to act on behalf of both the BOARD and the member.